Joining the Tenth Circuit, the Ninth Circuit also has held that chapter 13 trustees are not paid their fees when cases are dismissed before confirmation. The identical issue was argued on February 15 before the Second Circuit.
In short order, we’ll have either unanimity or a split of circuits. A split will give rise to an issue worthy of a grant of certiorari by the Supreme Court.
Notably, the Ninth Circuit’s opinion on June 12 adopted reasoning in an amicus brief filed in support of the debtor by the National Consumer Bankruptcy Rights Center and National Association of Consumer Bankruptcy Attorneys.
Courts Split on Arbitrating Dischargeability of Student Loans
Unless the circuit courts are unanimous, the Supreme Court ultimately will decide whether individual debtors can be forced to arbitrate.....
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
A bankruptcy judge and a district judge in New Jersey both predict that the Third Circuit will follow the minority and hold.....
Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
The Eleventh Circuit explained when the Rooker-Feldman doctrine does not apply despite a judgment in state court.
Named for.....
Denial of Motion to Dismiss Chapter 13 Is Not Appealable, Bankruptcy Appellate Panel Says
Combining the Supreme Court’s Bullard decision with an opinion handed down by the Sixth Circuit on October 16.....
Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
On a topic where there is scant appellate authority, the Fifth Circuit held that a trustee cannot assume and.....
Section 108c Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent
Drawing on two of its own precedents, a divided panel of the Ninth Circuit held that the tolling provisions in Section.....
Supreme Court Update, Two Bankruptcy Cases in the Running for Cert
Two important bankruptcy cases, both entailing significant circuit splits, are in the running for review by the Supreme Court either.....
Tenth Circuit Opinion Can Be the Springboard for a Cert on the Automatic Stay
Predictably, the Tenth Circuit reaffirmed a deepening circuit split yesterday by holding that the automatic stay does not.....
BAP Narrowly Reads Section 506(d) on Voiding Liens Following Claim Disallowance
A debtor may employ Section 506(d) to avoid a lien only if disallowance of the associated secured claim was based on the.....